SUBPOENA RESPONSE PROCESS by few71840

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									                         SUBPOENA RESPONSE PROCESS


   1. School/Admin. Dept. receives subpoena/court order/request for production of
      documents.
   2. School/Admin. Dept. immediately faxes subpoena/court order/request for
      production of documents to Records Management (404-305-2210).
      Note: Only witness subpoenas and court orders relating to student records
      and subpoenas/court orders/requests for production of documents for student
      records are to be faxed.
   3. Records Management date stamps subpoena/court order/request for
      production of documents and records method of delivery upon receipt of
      request.
   4. Records Management reviews subpoena/court order for validity.
   5. If the subpoena/court order is valid, the response date is noted and the
      subpoena is processed.
      Note: All parties sending a subpoena/court order/request for production of
      documents to FCS will receive a response from Records Management.
   6. If the subpoena/court order is time sensitive, parents/guardians are informed
       via phone and a follow-up letter is sent to confirm phone notification.
   7. If the parents/guardians object to the production of documents, time is
       allotted for the parents/guardians to petition the courts to block the order.
   8. If the order is granted, the school/admin. dept. is notified and the documents
       are not produced.
   9. If the parents/guardians do not object to the production of documents, and if
       records reside at school/ admin dept., Records Management informs school/
       admin dept. to comply with subpoena by sending requested records to
       Records Management.
   10. Records Management sends requested records to requesting attorney and
       logs subpoena, along with response and records sent in subpoena file.
   11. If PR file still resides at the school, a copy of the subpoena and response is
       sent to the school to file in the student’s PR file.
   12. If the subpoena is not time sensitive, a letter is sent to the parents/guardians
       informing them of the subpoena and time is allotted for them to petition the
       courts to block the order if needed.
   13. If the subpoena/court order is invalid, the requesting attorney is notified and
       documents are not produced. The subpoena is also logged and filed and a
       copy is sent to the school to file in the student’s PR file if PR file is located at
       the school.
   14. When responding to subpoenas/court orders, student information (SASI) is
       printed that have attendance dates, student address, and parent information
       in order to notify parents/guardians.
   15. If the student is not found in SASI, the requesting attorney’s office is
       contacted for additional information on the student.

Fulton County Schools                                              Subpoena Process
Records Management Department
   16. If the student is in SASI, the system is checked for “Special Ed” coding and/or
       Discipline Report.
   17. If “Special Ed” coding and/or Discipline Report exist and student records exist
       in that office, then that office is notified to send those records to Records
       Management.
   18. Two copies of subpoena/court order, notification letter and the records that
       will be produced are sent to appropriate areas - one copy for the requesting
       attorney (with raised seal on transcripts and on the ES record), one copy for
       Records Management. This same packet will be sent to the student/parent
       absence the records.
   19. A certification of records is provided in lieu of going to court if requesting
       attorney agrees to certification.
   20. By the appropriate date, copies of the records are sent to the requestor. In
       some cases, requestor will send someone to pick up the records from the
       Records Management office. Any individual picking up records must show id
       and sign subpoena response log.

PRODUCTION OF RECORDS IN RESPONSE TO VALID SUBPOENA
Subpoena – Records Management keeps original;. 1 copy is sent to eligible
student/parent; and 1 copy is sent to requesting attorney.
Subpoena Notification Letter to Eligible Student/Parent – Original is sent to the
eligible student/parent; 1 copy is included in Records Management file; and 1 copy
is sent to requesting attorney.
Student Records – 2 copies: 1 copy is sent to requesting attorney (with raised seal
on transcripts and on the ES record); and 1 copy is included in Records
Management file. Copies are not sent to the eligible student/parent with the
notification letter.
Certification of Records – Original is sent to the requesting attorney, and 1 copy is
included in Records Management file. This is not sent to the eligible
student/parent.

Note: The Records Management Department processes all subpoenas/court
orders/requests for production of documents relating to students only, including
witness subpoenas. FCS attorney’s office is notified about subpoenas/court
orders/requests for production of documents involving Special Education or
Discipline cases with pending litigation.




Fulton County Schools                                           Subpoena Process
Records Management Department
         School receives subpoena                                                   Fulton County Schools
                                                                                    Subpoena Response Process
                                                                                          Flow Diagram
         School faxes subpoena to
          Records Management
              404-305-2210
                                                                                    * Subpoena = subpoena, court order or
                                                                                      requests for production of documents.
                                                                                    * School = School or Admin. Department
           Records Mgmt reviews                                                     * Functions in “RED” denote school/
          subpoena for validity and
              proper response                                                         admin. dept.’s responsibility. All other
                                                                                      functions denote Records Management
                                                                                      responsibility.



                                                       Check the subpoena
             Is subpoena valid?              Yes
                                                         response date




                      No


                                                                                              Research SASI for parents
          Sender is contacted and                         Is the subpoena
                                                                                      Yes        contact information
        documents are not produced                        time sensitive?
                                                                                                  (Phone number)




                                                                No                              Phone parent/guardian to
         Subpoena is logged & filed                                                         inform them of subpoena. Send
        along with response. Copy of                                                          follow-up confirmation letter
       subpoena & response is sent to               Research SASI for parents                       after phone call.
      school if needed to file in PR file.             contact information
                                                           (Address)




                                                                                                                                      Records Mgmt informs the
                                                   Send letter to parent/guardian                 Do parents object
                                                                                                                              No        school to comply with
                                                   informing them of subpoena.                     to production of
                                                                                                                                             subpoena
                                                                                                     documents?



                                                                                                          Yes


                                                                                                Time is allotted for the
                                                                                             parents to petition the courts
                                                                                                    to block order




                                                                                                                                   School complies with subpoena
                                                                                                 Is the order to block        No   and sends records to Records
                                                                                                       granted?                            Management




                                                                                                          Yes

                                                                                                                                      Subpoena is logged & filed
                                                                                               School is notified of action
                                                                                                                                     along with response. Copy of
                                                                                             taken and documents are not
                                                                                                                                    subpoena & response is sent to
                                                                                                       produced.
                                                                                                                                   school if needed to file in PR file.




Fulton County Schools                                                                                                     Subpoena Process
Records Management Department

								
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